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2023 (1) TMI 35 - AT - Income TaxDemand raised in the computation sheet - deduction claimed u/s 80P(2) has not been taken into account - HELD THAT:- We find that the submission made by the ld. Counsel are worth considering and the demand raised in the computation sheet is not in agreement with assessment order passed by the ld. AO. We refer to the provisions of section 156 of the Act relating to notice of demand according to which the assessee shall be served with a notice of demand in the prescribed form when any tax, interest, penalty, fine or any other sum is payable in consequence of any order passed under this Act. It is important to note that the sum payable has to be in consequence of an order passed under the Act. In the present case before us, the computation sheet and demand payable is not in consequence with the assessment order passed by the ld. A.O wherein the return has been accepted without any modification and assessed as such. Accordingly we direct to the ld. AO to vacate the demand so raised. Ground No.3 taken by the assessee is allowed.
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